If you’ve been hired by a Canadian company, you will need to ensure you are able to legally live and work in Canada for the duration of your contract. You will need a work permit to legally work in Canada.
Before entering Canada as a temporary foreign worker, your employer must apply for and receive a successful Labour Market Impact Assessment (LMIA). This is a document from Employment and Social Development Canada (ESDC) stating that an employer can hire a foreign worker. You must have this in order to apply for a work permit and legally work in Canada, though, in some cases, you may be eligible for an exemption and may not need a positive LMIA. We can help you understand your options and choose the best path for your situation.
If your employer plans to obtain a work permit through an LMIA exempt category, your employer must have registered the offer of employment with IRCC.
Spousal Open Work Permit
In many cases, the spouse or common-law partner of foreign workers may be entitled to receive an open work permit. An open work permit entitled an individual to work for any employer.
Post Graduate Work Permit
International students who fulfill certain criteria may become temporary foreign workers in Canada. There are strict eligibility requirements and strict timeframes that must be adhered to in order to acquire a Post Graduate Work Permit.
Caregiver work permits include hiring a home child care provider or home support worker. There are currently two pilot programs for caregivers to work in Canada.
The Home Child Care Provider and Home Support Worker pilot programs provide in-home caregivers with the opportunity to become a permanent resident of Canada after two years of eligible work experience in Canada. These programs also allow their family members to come to Canada to work or study while they get Canadian work experience.
Home child care providers care for children on an ongoing or a short term basis. Responsibilities include caring for the well-being as well as physical and social development of children in their care. They may also assist with household duties. Care may be provided in their own home or in the children’s home where they may also reside. Home child care providers can be employed by private households, child-care agencies, or be self-employed. This program does not include daycare workers Home support workers provide personal care and companionship for people with disabilities, seniors, and those recovering from illness. Care is provided within the client’s residence where the home support worker may also live. Companionship, meal preparation, household duties, and health-related duties like administering medication may be performed by home support workers. This program excludes housekeepers. Home support workers may be employed by home care and support agencies, private households, or be self-employed.
In order to obtain a work permit for either of these programs, a Home support worker or Home child care provider must meet the eligibility and admissibility requirements which include being able to communicate in either English or French, relevant work experience and proof that their education is comparable to a Canadian post-secondary credential of at least one year. In order to apply for a permit, a worker must have an offer of employment at which point you would submit a simultaneous work permit and permanent residence application. If the worker meets the permanent residence criteria, they will get a work permit. A work permit for either of these programs is 3 years. These applications can take 12 months to process so it’s important to plan accordingly.
At Kaminker & Associates, our skilled and experienced team of Canadian immigration lawyers will help you navigate the complexity of Canada’s immigration system, determine if you qualify for any exemptions, assist in your application for a work permit, and make sure all of the required documentation is prepared before you arrive in Canada.
Going through this process takes time, meaning you should get started as soon as you know you will be working with a Canadian company. Errors or omissions during the application stages may further delay this process, negatively impacting you and your business. That’s why you should always work with an immigration lawyer to guide you through the process.